Kerala High Court
Sundaram Bnp Paribas Home Finance ... vs The Sub Registrar on 23 May, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
WP(C).No. 13468 of 2019
PETITIONER:
SUNDARAM BNP PARIBAS HOME FINANCE LIMITED,
SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI 600014,
REPRESENTED BY ITS AUTHORIZED OFFICER VISHNU.R.
BY ADV. SRI.T.RAJESH
RESPONDENT/S:
1 THE SUB REGISTRAR
SUB REGISTRATION OFFICE,
KUTHIYATHODU SRO, ALAPPUZHA 688 533
2 THE VILLAGE OFFICER,
KUTHIYATHU VILLAGE,
KUTHIYATHODU, ALAPPUZHA 688 533.
BY ADV.
SMT.POOJA SURENDRAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2019, ALONG WITH WP(C).13470/2019, WP(C).13480/2019,
WP(C).13597/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 13468,13470,13480,13597 of 2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
WP(C).No. 13470 of 2019
PETITIONER:
SUNDARAM BNP PARIBAS HOME FINANCE LIMITED
SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI-600014,
REP. BY ITS AUTHORIZED OFFICER, VISHNU R.
BY ADV. SRI.T.RAJESH
RESPONDENT/S:
1 SUB REGISTRAR
THRIPPOPNITHURA, SUB REGISTER OFFICE,
THRIPOONITHURA-682301
2 THE VILLAGE OFFICER,
THRIPUNITHURA-682301
BY ADV.
SMT.POOJA SURENDRAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2019, ALONG WITH WP(C).13597/2019, WP(C).13480/2019,
WP(C).13468/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 13468,13470,13480,13597 of 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
WP(C).No. 13480 of 2019
PETITIONER:
SUNDARAM BNP PARIBAS HOME FINANCE LIMITED
SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI 600014,
REPRESENTED BY ITS AUTHORIZED OFFICER VISHNU.R.
BY ADV. SRI.T.RAJESH
RESPONDENT/S:
1 SUB REGISTRAR
SUB REGISTER OFFICE, BHARANIKKAVU
ALAPPUZHA 690 503.
2 THE VILLAGE OFFICER,
VALLIKUNNAM VILLAGE, ALAPPUZHA 690 501.
BY ADV.
SMT.POOJA SURENDRAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2019, ALONG WITH WP(C).13597/2019, WP(C).13470/2019,
WP(C).13468/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 13468,13470,13480,13597 of 2019 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
WP(C).No. 13597 of 2019
PETITIONER:
SUNDARAM BNP PARIBAS HOME FINANCE LIMITED,
SUNDARAM TOWER, 46, WHITES ROAD, CHENNAI- 600014,
REP. BY ITS AUTHORIZED OFFICER VISHNU.R.
BY ADV. SRI.T.RAJESH
RESPONDENT/S:
1 THE SUB REGISTRAR,
SUB REGISTRATION OFFICE, MUVATTUPUZHA- 686669.
2 THE VILLAGE OFFICER,
VELLOORKUNNAM VILLAGE, VELLOORKUNNAM,
MUVATTUPUZHA- 686669.
BY ADV.
SMT.POOJA SURENDRAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2019, ALONG WITH WP(C).13480/2019, WP(C).13470/2019,
WP(C).13468/2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 13468,13470,13480,13597 of 2019 5
JUDGMENT
In this batch of writ petitions a secured creditor Sundaram BNP Paribas Home Finance Limited seeks a direction against the Revenue Authorities to issue an ROR certificate in the name of the secured debtor for enabling them to register the sale certificate issued to the auction purchaser in respect of the property of the secured debtor.
2. In the matter related to W.P.(C) Nos.13480/19 and 13470/19 there are attachments effected by the third parties and on account of this fact, the Revenue Authorities refused to issue ROR certificate. In other cases, namely W.P.(C) Nos.13468/19 and 13597/19, there are no attachments.
3.The secured creditor invoking the provisions under the SARFEASI Act sold secured asset to the third parties in public auction. It is in order to register the sale certificate, they demanded ROR certificate in the name of the secured debtor.
Any person aggrieved by the sale invoking the SARFEASI Act will have to approach the Tribunal if aggrieved by such sale. Any third party rights created subsequent to the mortgage are subservient to the superior right of the secured creditor. Therefore, these writ petitions are disposed of the following directions:
WP(C).No. 13468,13470,13480,13597 of 2019 6 i. The Revenue Authorities are directed to issue ROR certificate to the petitioner in the name of secured debtor within a period of two weeks. ii. The Sub Registrar of competent Jurisdiction is directed to register the sale certificate in accordance with law without any delay.
Sd/-
A.MUHAMED MUSTAQUE JUDGE LEK WP(C).No. 13468,13470,13480,13597 of 2019 7 APPENDIX OF WP(C) 13468/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE 13 (2) NOTICE ISSUED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT NO.
244/1/2012 DATED 1/2/2012 OF KUTHIYATHODU SRO.
EXHIBIT P3 THE TRUE COPY OF THE POSSESSION NOTICE DATED 8/12/2014 ISSUED BY THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE PETITIONER TO AGUSTINE K.C. EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WPC 13123 OF 2018 DATED 12/4/2018.
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WPC 8819 OF 2019 DATED 10/4/2019.
RESPONDENT'S/S EXHIBITS: NIL WP(C).No. 13468,13470,13480,13597 of 2019 8 APPENDIX OF WP(C) 13470/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE 13(2) NOTICE DATED 14/7/2016 ISSUED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF POSSESSION NOTICE ISSUED BY THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WP(C)N41825/2018 OF THIS HON'BLE COURT EXHIBIT P4 THE TRUE COPY OF THE LETTER OF CONFIRMATION OF SALE OF IMMOVABLE PROPERTY EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN WP(C)13123 OF 2018 DATED 12/04/2018 OF THIS HON'BLE COURT EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WP(C)8819/2019 DATED 10/4/2019 OF THIS HON'BLE COURT.
RESPONDENT'S/S EXHIBITS: NIL WP(C).No. 13468,13470,13480,13597 of 2019 9 APPENDIX OF WP(C) 13480/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE 13 (2) NOTICE DAD 1/5/2014 ISSUED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WPC 2116 OF 2019 OF THIS HONBLE COURT.
EXHIBIT P4 THE TRUE COPY OF THE LETTER OF CONFIRMATION OF SALE OF IMMOVABLE PROPERTY.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN WPC 13123 OF 2018 DATED 12/4/2018 OF THIS HONBLE COURT.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WPC 8819 OF 2019 DATED 10/4/2019 OF THIS HOBLE COURT.
RESPONDENT'S/S EXHIBITS: NIL WP(C).No. 13468,13470,13480,13597 of 2019 10 APPENDIX OF WP(C) 13597/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE 13(2)NOTICE ISSUED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT NO.1462/1/14 DATED 27.03.2014, MUVATTUPUZHA SRO.
EXHIBIT P3 THE TRUE COPY OF THE POSSESSION NOTICE DATED 15.12.2015 ISSUED BY THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE PETITIONER TO AMBILY NARAYAN NAIR.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.13123 OF 2018 DATED 12.04.2018.
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WP(C) 8819 OF 2019 DATED 10.04.2019.
RESPONDENT'S/S EXHIBITS: NIL